Upgrade.Vet

NAVY | DRB | 2009_Navy | ND0900380

Original file (ND0900380.rtf) Auto-classification: Denied

ex-AR, USN

Current Discharge and Applicant’s Request

Application Received: 20081205

Characterization of Service Received:

Narrative Reason for Discharge: ERRONEOUS ENTRY – (OTHER)
Authority for Discharge: MILPERSMAN 1910-130 ERRONEOUS ENTRY – (OTHER)

Applicant’s Request: Characterization change to:
                  Narrative Reason change to:

Summary of Service

Prior Service:
Inactive: US N R (DEP)      20050720 - 20060705     Active:

Period of Service Under Review:
Date of Enlistment: 20060706     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20060724      Highest Rank/Rate: AR
Length of Service : Y ear ( s ) M onth ( s ) 19 D a y ( s )
Education Level:        AFQT: 40
Evaluation M arks:         Performance: NFIR         Behavior: NFIR OTA: NFIR

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

- 20060712: MEMORANDUM : DoD-VA Psychiatric Liaison, Mental Health Department, Naval Hospital, Great Lakes
Diagnosis: Axis I: C yclothymia, EPTE, NSA
         Axis II: Personality Disorder NOS with borderline and histrionic behavior, EPTE, NSA

NJP : S CM : SPCM: C C : Retention Warning Counseling :

Types of Documents Submitted/reviewed

Related to Military Service:
DD 214:         Service/ Medical Record:                  Other Records:

Related to Post-Service Period:
         Employment:                        Finances:                          Education /Training :
         Health/Medical Records:          Substance Abuse:                           Criminal Records:
         Family/Personal Status:          Community Service:                References:
Additional Statements :
From Applicant:        From Representat ion :    From Congress m ember :
Oth er Documentation :

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, Article 1910-130, SEPARATION BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS ENLISTMENT.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1. Reenlistment o pportunities .
2. Youth and I mmaturity compounded with mitigating circumstances .

Decision

Date: 20 0 9 0320 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .

By a vote of the Narrative Reason shall ERRONEOUS ENTRY – (OTHER)

Discussion

: either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum , specifically the paragraph concerning s , r egarding .

: ( ) . The Applicant contends her 19 day enlistment in the Navy was due to youth and immaturity, compounded by circumstances in her personal life concerning her immediate family. In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant claims she joined the Navy to honor her father, who retired from the Navy with 25 years of service, after his untimely death in 2003. In addition, her mother was dealing with medical issu es relating to skin cancer. On 10 July 2006, the third day of recruit training , the Applicant was psychiatrically hospitalized in the inpatient psychiatric unit because she was depressed and suicidal, and wanted to go home. The Applicant was diagnosed with Axis I: Cyclothymia, Existing Prior to Enlistment (EPTE) ; Axis II: Personality Disorder, not otherwise specified with borderline and histrionic behavior, E PTE. According to the attending psychiatrist’s opinion, the Applicants condition was sufficiently severe to impair significantly her ability to function effectively in the military environment and she was recommended for discharge . For the edification of the Applicant, an “U ncharacterized ” description shall be used w hen a member is separat ed during an entry level status which is defined as the first 180 days of continuous active duty service unless separation for misconduct, fraudulent enlistment, or homosexual conduct is authorized and when characterization under other than honorable conditions is warranted. The Applicant was discharged with an “Uncharacterized” characterization of service, which is common for those recruits that serve less than 180 days of active service without any notable misconduct. The Board determined the characteriza tion of service received, “Uncharacterized (Entry Level Separation) ”, was an appropriate characterization considering the length of service .

For the edification of the Applicant, w ith respect to non - service related administrative matters, i.e., Department of Veteran Affairs (DVA) benef its, civilian employment, etc., an uncharacterized separation shall be considered as the equivalent of an Honorable or General (under Honorable conditions) characterization.

Besides the Applicant s statement on the DD Form 293, she provided a character reference, congressional correspondence and a recent psychiatric diagnosis of her current condition , stating there is no evidence of a diagnosis for personality disorder. The Board applauds the Applicant for her success in life now and wishes her the best in future endeavors. Although the Applicant has made great strides over-coming difficult situations and stressors in her life, the Board has determined that the characterization of service, “Uncharacterized (ELS)” and t he narr ative reason for separation, “Erroneous Entry (Other)” were appropriate at the time of discharge from the Navy.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found

ADDENDUM: Information for the Applicant

Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . You should read Enclosure (5) of the Instruction before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the application is received at the NDRB within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employmen t / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable Discharge is authorized, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons. Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

Secretary of the Navy Council of Review Boards
Attn: Naval Discharge Review Board
720 Kennon Street SE Rm 309
Washington Navy Yard DC 20374-5023

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NAVY | DRB | 2009_Navy | ND0900380

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